112 So. 3d 422
Miss.2013Background
- Shirley and Robert Alston sued in Mississippi (Wayne County) for injuries from a Tuscaloosa, Alabama crash involving Justin Pope and T.K. Stanley, Inc.
- Defendants moved to dismiss on forum non conveniens grounds; Mississippi court dismissed; Alstons later sued in Alabama but Alabama SOL expired.
- Alstons filed a Rule 60(b) motion in Mississippi, arguing the dismissal was void for lack of a written waiver stipulation under Section 11-11-3(4)(b).
- Defendants drafted and delivered a proposed order including a waiver of the statute of limitations and acceptance of service, which the Alstons did not object to; the circuit court granted dismissal and drafted the order.
- Alstons’ Alabama filing occurred about a year after Mississippi dismissal; Alabama courts later granted summary judgment for expiration of Alabama SOL.
- Court of Appeals reversed, holding the Mississippi dismissal void due to lack of written waiver; Mississippi Supreme Court granted certiorari to review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver requirement under Section 11-11-3(4)(b) satisfied? | Alston argues no valid waiver because no written stipulation was filed. | Pope/Stanley argue the written order drafted by counsel satisfied the waiver prerequisite. | Waiver sufficiently complied; Court of Appeals erred. |
| Whether the Rule 60(b) motion was properly denied? | Alstons contend they were entitled to relief from judgment for voidness. | Defendants contend the motion failed on timeliness and merits. | Circuit court did not abuse discretion; motion denied. |
| Relation of Shewbrooks and borrowing statute to waiver | Shewbrooks suggests waiver is essential to forum non conveniens transfer. | Defendants rely on waiver in the order and applicability of borrowing statutes. | Waiver principle applied and consistent with current statutory framework. |
| Effect of tolling and borrowing on Alabama SOL | Alston argues tolling preserved Alabama claim until filing. | Defendants argue tolling expired and Alabama SOL barred suit. | Mississippi tolling analysis supported by record; still, relief denied on 60(b) grounds. |
| Authority to dismiss forum non conveniens without written waiver | Alston asserts lack of waiver voids dismissal. | Defendants maintain waiver was present in order. | Waiver valid; dismissal proper. |
Key Cases Cited
- Missouri Pacific R. Co. v. Tircuit, 554 So.2d 878 (Miss. 1989) (forum non conveniens factors support dismissal)
- Shewbrooks v. A.C. & S., Inc., 529 So.2d 557 (Miss. 1988) (waiver of statute of limitations required for forum transfer)
- Patton v. Mack Trucks, Inc., 556 So.2d 679 (Miss. 1989) (discussion of 15-1-65 amendment and home-state issues)
- Strickland v. Humble Oil & Refining Co., 194 Miss. 194, 11 So.2d 820 (Miss. 1943) (equitable venue discretion for title disputes)
- Barnett v. National Surety Corp., 195 Miss. 528, 15 So.2d 775 (Miss. 1943) (forum non conveniens considerations recognizing local interests)
- Albert v. Allied Glove Corp., 944 So.2d 1 (Miss. 2006) (statutory interpretation superseding Shewbrooks)